Rape as an act of Genocide Page | 1 RAPE AS AN ACT OF GENOCIDE IN BOSNIA AND HERZEGOVINA FROM 1992 - 1995 Aisa Purak Niagara University
Rape as an act of Genocide P a g e | 1
RAPE AS AN ACT OF GENOCIDE IN BOSNIA AND HERZEGOVINA
FROM 1992 - 1995
Aisa Purak
Niagara University
Rape as an act of Genocide P a g e | 2
Course ID: IDS500 - Professor, Dr. Mustafa Gökçek
Abstract
The aim of this paper is to deal with the causes and consequences
of rape as one of the types of extreme violence in the war
against Bosnia and Herzegovina and its society by the governments
of Serbia, Montenegro and Croatia, which are used in the process
of its militaristic and paramilitary structure. This study will
also address rape as an integral part of genocidal acts used in
other parts of the world, and the response of the international
community on rape as an act of genocide both globally and in
Bosnia. Even though rape has long been acknowledged as an
atrocity, rape did not become a war crime until the late 1990s.
This paper looks at why and how the role of rape in the war in
Bosnia affected the development of international law regarding
women. Using the accessible documents, this research will point
to the fact that the history of rape as an act of genocide is as
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old as the history of warfare, and that many rapes remained
unpunished. This paper argues that a fundamental change in
understanding of the role of rape in war- from consequence of war
to method of war – led to the development of rape as a war crime.
This claim is explored through case studies of the Bosnian (1992-
1995) war in the former Yugoslavia. The general aim of this paper
is also to contribute recording and writing calamities, rape,
sexual abuse and murder of Muslim Bosnia Women in the period from
the 1992 until 1995.
Keywords: Bosnia and Herzegovina, Serbia, Montenegro, Croatia,
genocide, rape, International community, Muslim Bosnia Women.
RAPE AS AN ACT OF GENOCIDE IN BOSNIA AND HERZEGOVINA FROM 1992 - 1995
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The purpose of this paper is to point to the undeniable fact
that in an attempt to implement the project of Greater Serbia or
Greater Croatia at the expense of Bosnia and Herzegovina
territory. Neighboring countries Serbia and Croatia also used the
act of rape in their process of eliminating Bosniaks and Bosnian
society. Until the war in Bosnia and Herzegovina, the
international community has failed to effectively identify and
recognize the problem of rape of women as one of the acts of
genocide that is used during the war as a method of achieving its
war goals and punishing the men of their counterparties.
This paper also argues that rape in wartime has been the
common experience of women from all over the world since the
first wars broke out. It has occurred in all civilizations, but
different civilizations had different approaches and sanctions
concerning this crime. Additionally, this paper argues that
genocide, as well as the element of rape in genocide, does not
just emerge spontaneously, but is a manifestation of specific
government policies with the intention of achieving certain
political goals. The genocide in Bosnia and Herzegovina is no
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exception to this rule. This paper explores the way in which
genocide is in fact a planned crime on the state level and
wouldn’t be possible without strong planned military power behind
it. Particularly, in the war against Bosnia and Herzegovina and
its society, the state of Serbia, Montenegro and Croatia, and
their militaristic and paramilitary structures, carried out the
genocide against Bosniaks throughout history. There have been ten
recorded genocides directed primarily against the Bosnian Muslims
the worst genocide being the most recent, which was a tool for
the realization of the national project of Greater Serbia and
Greater Croatia.
RAPE, WOMEN AND WARAngela Robinson, London –based journalist specializing in
human rights issues once stated, “If human rights are to be
universally respected and protected, they must apply to the lives
of over half the human race-women”(1993, p. 27). The rape of
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women has been utilized as a terror tactic in wars since the
beginning of armed conflicts and, according to Robinson, there
are three main stages. First, rape is a routine and expected
reward to the victors. Secondly, rape occurs due to lack of
military discipline. Finally, rape occurs as a military technique
to demoralize the opposition. Through these horrific actions,
women experience the loss of home and the loss of land, which is
synonymous with the loss of identity. This is known as ethnic
cleansing (2002, p. 32).
According to the Office of the UN High Commissioner for
Refugees (UNHCR), violence against women, especially rape, has
added its own brand of shame to recent wars. From conflicts in
Bosnia and Herzegovina to Peru to Rwanda, girls and women have
been singled out for rape, imprisonment, torture and execution.
Rape, identified by psychologists as the most intrusive of
traumatic events, has been documented in many armed conflicts
including those in Bangladesh, Cambodia, Cyprus, Haiti, Liberia,
Somalia and Uganda (Amnesty International, 2010).
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The State of the World's Children in 1996 report notes that
the disintegration of families in times of war leaves women and
girls especially vulnerable to violence. Nearly 80% of the 53
million people uprooted by wars today are women and children.
When fathers, husbands, brothers and sons are drawn away to
fight, they leave women, the very young, and the elderly to fend
for themselves. In Bosnia and Herzegovina, Myanmar, and Somalia,
refugee families frequently cite rape or the fear of rape as a
key factor in their decisions to seek refuge.
Like all rape, genocidal rape is particular as well as
part of the generic, and its
particularity matters. This is ethnic rape as an
official policy of war in a genocidal
campaign for political control. That means not only a
policy of the pleasure of
male power unleashed, which happens all the time in so-
called peace; not only a
Rape as an act of Genocide P a g e | 8
policy to defile, torture, humiliate, degrade, and
demoralize the other side, which
happens all the time in war; and not only a policy of
men posturing to gain
advantage and ground over other men. It is specifically
rape under orders. This is not
rape out of control. It is rape under control. It is
also rape unto death, rape as
massacre, rape to kill and to make the victims wish they
were dead. It is rape as
an instrument of forced exile, rape to make you leave
your home and never want
to go back. It is rape to be seen and heard and watched
and told to others; rape as
spectacle. It is rape to drive a wedge through a
community, to shatter a society, to
destroy a people. It is rape as genocide (MacKinnon,
1994, p. 11-12).
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Rape is used to humiliate husbands, brothers, fathers, and
sons by demonstrating their apparent inability to protect their
women. In Bosnia and Herzegovina, this is especially heinous
because the honor and shame complex, characterized by the
chastity of females, is fundamental not only to the family, but
also the honor of the community. The rape of women during armed
conflicts is a tactic of war and a threat to international
security because its psychological and physical abuse of women
destroys the entire community. This paper will examine a broader
socio cultural phenomenon that is taking place in Bosnia-
Herzegovina.
HISTORY OF RAPE
According to Jonathan Gottschall’s definition, mass rape is
defined as “distinct patterns of rape by soldiers at rates that
are much increased over rates of rape that prevail in peacetime
(2004, p. 129). The terms, mass rape, wartime rape and mass
wartime rape have the same meaning and are used interchangeably.
The ancient Greeks and Romans wholly accepted rape as a
common practice in warfare and captive women came to expect this
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as a consequence of defeat. Documentation from the Wars of
Religion in France outlines the rape and torture of Huguenot
women. Records also detail rapes in the Scottish Highlands in
1746 and during World War I where the German military raped
Belgian and French women. It is believed that this was not a
tactic of war, but it was widespread and systematic (Brownmiller,
1975, p.74).
History of rape as an act of genocide is as old as the
history of warfare. The history of genocide, viewed from a world
- historical context, reveals the astounding fact that the
history of humans, among other things, is based primarily on
wars, genocide, persecution, hunger and other forms of suffering,
and that it is simply a cemetery of missing nations and cultures.
Indeed, human history has also the other brighter side, the side
of peace, work, prosperity, but certainly unfinished and never
lasting. Another important fact reveals to us a historical
description of wars and genocide. It is a fact that in all wars
and genocidal processes, the state and its military power play a
key part. Almost until the end of the 20th century, rape in war
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had rarely been documented and therefore remained invisible and
unpunished. In her book, Against Our Will: Men, Women and Rape, (1975),
Suzana Braunmiler, points out that the victim is not guilty of
rape but rather its perpetrator. Throughout her book, Susanna
Braunmiler managed to change somewhat passive views and attitudes
towards rape and promoted the idea that rape is not the fault of
the victim, but a crime committed against the victim, which in
most cases means, against women. She points out that genocide and
rape have always been organized at the highest state level. This
position is also held by Diana Russell (1990) and as an example
she mentions the infamous “witch hunt" prevalence during the Dark
Ages, which was organized at the state level, what was also
probably the largest state organized genocide in history. The
policy of killing women just because they are women is femicide
and according to the American feminist Diana Russell (1990) in
the state organized genocide, killing nine million women and
according to her that “it was the political context of the
murdering women because they are women.”
Furthermore, Braunmiler (1975) states that first attempts at
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codifying the crime of rape in war were determined, first as a
breach of military discipline. It wasn't addressed because of the
basic rights of women, but rather because of the questionable
conduct of the soldiers. It was then questioned as a matter of
"honor" as the rape of women in war is not viewed as a crime
against a woman, but as a crime against the man who raped the
woman belongs. Rape is a back door entered into history as a
crime of a man over the property of another man. This patriarchal
and traditional approach to the crime of rape in war, has been
brought into question in the second half of the twentieth
century, with the leadership of the feminist movement,
particularly by the guidance of Susanna Braunmiler and her book
, Against Our Will: Men, Women and Rape, (1975 ) when she named rape as
a war crime and called for its punishment under International
law. Braunmiler should be credited for stirring the issue of rape
in wartime, but the Bosnian women and their lawyers made
historical segue when, in June 2008, the UN Security Council
passed Resolution 1820 which condemned rape as a “tactic of war
and threat to international security,” enabling the Security
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Council to take action against widespread rape (“Rape: Weapon of
War”, Intentional Criminal Court”), (Fitzgerald, 2010).
Human Rights Watch summarizes the history as follows: During
the Second World War, some 200,000 Korean women were forcibly
held in sexual slavery to the Japanese army. During the armed
conflict in Bangladesh in1971, it is estimated that 200,000
civilian women and girls were victims of rape committed by
Pakistani soldiers. Mass rape of women has been used since the
beginning of the conflict in the Former Yugoslavia. Throughout
the Somali conflict beginning in 1991, rival ethnic factions have
used rape against rival ethnic factions. In the year 1992 alone,
882 women were reportedly gang-raped by Indian security forces in
Jammu and Kashmir. In Peru, 1982, the rape of women by security
forces was a common practice in the ongoing armed conflict
between the Communist Party of Peru, the Shining Path, and
government counterinsurgency forces. In Myanmar, 1992, government
troops raped women in a Rohingya Muslim village after the men had
been inducted into forced labor. Under the former Haitian
military regime of Lt. Gen. Raoul Cedras, rape was used as a tool
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of political repression against female activists or female
relatives of opposition members (Russell-Brown, 2003).
According to the UN Action Against Sexual Violence in
Conflict statistics, as many as 50,000 women were raped in the
Rwanda Genocide, 64,000 in the Sierra Leone conflict, 40,000 in
the Bosnia and Herzegovina War, 4,500 in a single province in the
Democratic Republic of the Congo in merely six months, and
hundreds of women are raped every single day in the Darfur region
of Sudan. These numbers are only augmented by other small
conflicts where rape has been used as a war tactic, such as the
Bangladesh Army’s rape of Jumma minority women in the 1970s and
80s as well as the use of rape by the Guatemala Army and rebel
groups in their 36 year Civil War. As documented by Guatemala’s
Historical Clarification Commission, some instances of rape
during this conflict were a result of the Guatemalan army forcing
civilian men, at gunpoint, to rape women with whom they had
previous social connection, such as their daughters or neighbors
(AASA Science, 2010).
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RAPE AS A WEAPON OF WAR
Susan Brownmiller 1was the first historian to attempt an
overview of rape in war with documentation and theory.
Brownmiller's thesis is that "War provides men with the perfect
psychological backdrop to give vent to their contempt for women.
The maleness of the military—the brute power of weaponry
exclusive to their hands, the spiritual bonding of men at arms,
the manly discipline of orders given and orders obeyed, the
simple logic of the hierarchical command—confirms for men what
1 Susan Brownmiller was the first historian to attempt an overview of rape in war
with documentation and theory (Brownmiller. Susan, Against Our Will: Men, Women and Rape,
Simon & Schuster, 1975.) Against Our Will: Men, Women and Rape is a 1975 book by Susan
Brownmiller. The book, which is widely credited with changing public outlooks and
attitudes about rape, promoted the concept that rape was not the victim's fault.
Brownmiller described rape as "a conscious process of intimidation by which all men keep
all women in a state of fear." In short, Brownmiller asserts that "rape is a crime not
of lust, but of violence and power." (retrieved from:
http://en.wikipedia.org/wiki/Against_Our_Will)
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they long suspect—that women are peripheral to the world that
counts." She writes that rape accompanies territorial advance by
the winning side in land conflicts as one of the spoils of war,
and that "Men who rape are ordinary Joes, made unordinary by
entry into the most exclusive male-only club in the world"(1975,
p. 31–139).
The victims of war rape are usually "civilians", a category
first recognized in the 19th century (Askin, 1997, p. 26-27).
Although war rape of women is documented throughout history, laws
protecting civilians in armed conflicts have tended not to
recognize sexual assault on women. Even when laws of war have
recognized and forbidden sexual assault, few prosecutions have
been brought. According to Kelly Dawn Askin, the laws of war
perpetuated the attitude that sexual assaults against women are
less significant crimes, not worthy of prosecution (1997, p.
13).War rape has until recently been a hidden element of war,
which according to Human Rights Watch 2is linked to the largely
2 Human Rights Watch (HRW) is an international non-governmental organization that conducts
research and advocacy on human rights. HRW headquarters are in New York City with offices in
Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow,
Rape as an act of Genocide P a g e | 17
gender-specific character of war rape – abuse committed by men
against women. This gender-specific character has contributed to
war rape being "narrowly portrayed as sexual or personal in
nature, a portrayal that depoliticizes sexual abuse in conflict
and results in its being ignored as a war crime." (Thomas &
Reagan, 1994).
"To the victor go the spoils" has been a war cry for
centuries, and women classed as part of the spoils of war (Askin,
1997, p. 10-21). Furthermore, war rape has been downplayed as an
unfortunate but inevitable side effect of sending men to war.
(Thomas & Reagan, 1994). Also, war rape has in the past been
regarded as tangible reward to soldiers (which were only paid
irregularly), and as a soldier's proof of masculinity and
success. (Askin,1997, pg. 27). In reference to war rape in
ancient times, Harold Washington argues that warfare itself is
imagined as rape, and that the cities attacked are its victims.
He argues that war rape occurs in the context of stereotypes Paris, San Francisco, Tokyo, Toronto, and Washington D.C. (retrieved from
http://en.wikipedia.org/wiki/Human_Rights_Watch)
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about women and men, which are part of the basic belief that
violent power belongs to men, and that women are its victims
(Levison, 2004, p. 20).
According to a European Community fact-finding team,
systematic rape is often used as a weapon of war in 'ethnic
cleansing'. As a part of “ethnic cleansing” by Serbs in their
genocidal war with Bosnia, in 1992 began the massive raping of
women in Bosnia. Amnesty International have confirmed the massive
raping of Muslim women. More than 20,000 Muslim girls and women
have been raped in Bosnia since fighting began in April 1992.
Teenage girls have been a particular target in Bosnia and
Herzegovina and Croatia, according to The State of the World's
Children 1996 report. The report also says that impregnated girls
have been forced to bear 'the enemy's' child ( Barry, 1995, p.
124). Bosnia's 1992-95 war was the bloodiest in the series of
armed conflicts that erupted when the Yugoslav federation fell
apart and its republics began declaring independence. It took
more than 100,000 lives and devastated the region. According to
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the UN, between 20,000 to 50,000 Bosnian women were raped by
Serbs— many in special rape camps.
The event of a rape as an act of genocide against Bosniaks
and Bosnian-Herzegovinian society points to the vital need of an
all inclusive explanation of all its aspects. First of all, it is
necessary to comprehensively elucidate the socio-politic causes
of the genocide, and to point to the multitude of perpetrators of
genocidal acts, which certainly includes the State, as a subject
of genocide (Braunmiler, 1975).
EFFECT OF RAPE ON WOMEN’S BODY AND MIND
Sexual violation of women erodes the fabric of a community in
a way that few weapons can. Rape's damage can be devastating
because of the strong communal reaction to the violation and pain
stamped on entire families. The harm inflicted in such cases on a
woman by a rapist is an attack on her family and culture, as in
many societies women are viewed as repositories of a community's
cultural and spiritual values. In addition to rape, girls and
women are also subject to forced prostitution and trafficking
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during times of war, sometimes with the complicity of governments
and military authorities. During World War II, women were
abducted, imprisoned and forced to satisfy the sexual needs of
occupying forces, and many Asian women were also involved in
prostitution during the Viet Nam war. The trend continues in
today's conflicts. (Barry, 1995).
According The State of the World's Children reports 1996, UNHCR has had
to organize security patrols, fence camps with thorn bushes and
relocate the most vulnerable women to safer areas. Some rape
victims who were ostracized were moved to other camps or given
priority for resettlement abroad. UNHCR has formal guidelines for
preventing and responding to sexual violence in the camps, and it
trains field workers to be more sensitive to victims' needs.
Refugee women are encouraged to form committees and become
involved in camp administration to make them less vulnerable to
men who would steal their supplies or force them to provide sex
in return for provisions. The high risk of infection with
sexually transmitted diseases (STDs), including HIV/AIDS,
accompanies all sexual violence against women and girls. The
Rape as an act of Genocide P a g e | 21
movement of refugees and marauding military units and the
breakdown of health services and public education worsens the
impact of diseases and chances for treatment. For example, one
study has suggested that the exchange of sex for protection
during the civil war in Uganda in the 1980s was a contributing
factor to the country's high rate of AIDS.
The State of the World's Children reports 1996 further states that war and
civil unrest also contribute to violence in the home, according
to recent studies. Death, upheaval and poverty increase tensions
within the family and the likelihood of violence against girls
and women. Men who feel that they have lost the ability to
protect their women may compensate by exercising violent control
over them at home. UNHCR, the United Nations Population Fund
(UNFPA) and UNICEF are promoting reproductive health services for
refugees to counter high birth rates, maternal mortality, STDs
and HIV/AIDS. UNICEF provides support for women affected by armed
conflict in countries such as Bosnia and Herzegovina, Burundi,
Croatia, Georgia, Liberia, Rwanda, Somalia and the Sudan.
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Clearly, rape as a war tactic is far more than just an
assault to an intimate and vulnerable aspect of an individual’s
dignity. It is a violent attempt to rip apart the social fabric
of communities. Catherine MacKinnon (1994), famous feminist and
lawyer, in her book Are Women Human? observed that xenophobia or
racial intolerance and misogyny, hatred of women merge together
when comes to rape. Otherwise, how to explain that all human
rights violations are condemnable, some violations, such as
silencing of political dissidents, poor access to clean water, or
unequal access to education, primarily affect one aspect of a
victim’s life, and individual are generally able to maintain
vital social relationships throughout their suffering. Rape
however is multifaceted. It effects include:
Physical Consequences: STDs, impregnation, urinary tract
infections, vaginal tearing and bleeding, chronic pain,
broken bones, infections, fistulas, and heath ( Milillo,
2006).
Psychological Consequences: self-blame, post-traumatic
stress disorder (including relieving the rape in dreams
Rape as an act of Genocide P a g e | 23
or flashbacks), depression, internalized misogynist
views, fear (resulting in living a life of silence), and
suicide (Milillo, 2006).
Family Consequences: shame (in severe cases, resulting in
killing the rape victim to alleviate the family’s shame),
husband’s abandonment of victimized wives, and unwanted
children conceived by rapist ( Milillo, 2006).
Community Consequences: disruption of traditional
cultural practices, erosion of communal identity and
trust, and destroying community’s altogether (Milillo,
2006).
As a human rights norm, rape as a war tactics is still in a
“birth stage” and deserves prioritized attention. The fact that
UN Security Council approved a resolution in 2008 is very
encouraging in which it condemned rape as a weapon of war and
threat to the international security and there has been few
concrete steps already taken to make this important resolution
translate into reality (United Nations Human Rights).
Nevertheless, universal condemnation of rape as a war tactic is
Rape as an act of Genocide P a g e | 24
far from becoming an internalized reality. In fact, in order to
tackle this top-priority human right issue, two primary plans of
action must be employed. First, the international community needs
to provide more direct aid to address the immediate needs of
victims of rape. Second, and more important toward a long-term
solution, rape as a war tactic must be addressed at the deeper
level by making legislative changes to international law,
stopping impunity for perpetrators, and changing cultural
attitudes which perpetuate rape.
GENOCIDAL RAPE
Samuel Totten, a genocide scholar and a Professor of the
University at Arkansas, describes Genocidal Rape as a term used to
describe the actions of a group who have carried out acts of mass
rape during wartime against their perceived enemy as part of a
genocidal campaign. As an example of Genocidal Rape he is listing
the Bosnian genocide and the Rwandan genocide. He argues that the
mass rapes that had been an integral part of those conflicts
brought the concept of genocidal rape to international
prominence. While war rape has been a recurrent feature in
Rape as an act of Genocide P a g e | 25
conflicts throughout history, it has usually been looked upon as
a by-product of conflict, and not an integral part of military
policy (2007, p. 159–160.)
According to Roger W. Smith, one of the main objectives of
genocidal rape is forced pregnancy; however those unable to bear
children are also subject to sexual assault. Victim’s ages can
range from children to women in their eighties. During the
Armenian Genocide the mass rapes of young girls was well
documented. They would be assaulted in their homes before forced
relocation, or on the forced marches into the Syrian desert. An
eyewitness testified, "It was a very common thing for them to
rape our girls in our presence. Very often they violated eight or
ten year old girls, and as a consequence many would be unable to
walk, and were shot." Another testified that every girl in her
village aged over twelve, and some who were younger had been
raped ( 2013, pg. 94). So far the Instances of mass rape during
wartime which have been defined as genocidal rape were the mass
rapes during the Bangladesh liberation war, the rapes during the
Rape as an act of Genocide P a g e | 26
Bosnian Genocide, and the rapes during the Rwandan Genocide
(Sajjad, 2012, p. 225).
Bosnia-Herzegovina War from 1992-1995
The war in Bosnia and Herzegovina, from 1992 till 1995 was
marked by the systematic use of rape and sexual violence3. While
rape in war is by no means a new phenomenon, the international
and domestic attention received by this particular aspect of the
Bosnian war was extraordinary. This led to a degree of openness
about a phenomenon that has historically been hidden. This led to
3 At the end of 1992, the Bosnian government released a figure stating that the number of women who had been raped was about 14,000 (Olujic, 1998, pg 40). Later the same year (in
December), the European Community set the number of women of Muslim ethnicity who had been raped
by Bosnian Serb soldiers at around 20,000 (Drakulic, 1993 pg. 270). The Bosnian Ministry of the
Interior set the number at around 50,000 (Olujic, 1998, pg). It is stated that the European Union
(EU) Commission estimated the number of victims at 50,000. At a conference entitled ‘Violation of
the Human Rights of Women in Bosnia and Herzegovina During the War 1992–1995’, held in Sarajevo
on 10–11 March 1999, the President of the Organizational Committee, Mirsad Tokaca, stated that
the Commission for Gathering Facts on War Crimes in Bosnia and Herzegovina set the number of
raped women at 20,000 (Tokaca, 1999). Drakulic (1993) reports that the Sarajevo State Commission
for Investigation of War Crimes estimates that the number up until October 1992 was 50,000, and
she adds that these numbers are highly controversial. Meznaric (1994: 92) writes that the report
of the Coordinative Group of Women’s Organizations of Bosnia and
Herzegovina estimates that between 20,000 and 50,000 women were raped.
Rape as an act of Genocide P a g e | 27
a degree of openness about a phenomenon that has historically
been hidden and ridden with shame. Because it is openly
recognized that systematic use of rape took place in Bosnia, and
because numerous victims of these crimes are willing to talk
about their ordeals, the Bosnian conflict thus opened up a new
possibility for research on this particular form of violence. It
is commonly believed that, when utilized in ethnic conflicts, as
in the Bosnian case, sexual violence is employed as a weapon of
demoralization against entire societies (Coneth-Morgan, 2004, pg
22).The demoralization is characterized by a violent invasion of
the interior of the victim’s body, which thereby Constitutes an
attack upon the intimate self and dignity of the individual human
being (Goldstein, 2001, 362–3). How this attack impacts on its
victims and their relationships is however, unanswered.
In his book, Genocide in Bosnia: The Policy of "Ethnic
Cleansing, by Norman Cigar, gives an excellent analysis of the
political developments, primarily in Serbia, which eventually
made possible the atrocities committed in Bosnia. Cigar
unambiguously takes the view that genocide was in fact committed
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in Bosnia, first and primarily by the Serbian forces and later by
the Croatians, and he backs up this argument with a great deal of
meticulous research.
Cigar’s describes in detail the genocide perpetrated in
Bosnia against non-Serbs. His book reveals the gruesome
atrocities that were committed in Bosnia during the Bosnian war.
Many people assume that it was a civil war, when in fact it was
genocide. It has been corroborated that Serbians started the war
in an attempt to annihilate non-Serbs and create a "Great
Serbia", consisting of Serbians only. For all Muslim Bosnian, his
work is very important since it clearly support the following
facts: of the 300.000 victims in Bosnia- 85% were Muslims; 90% of
all war crimes in Bosnia were committed by Serbianss (Radovan
Karadzic, Ratko Mladic, Arkan and numerous others). On that
account, we can conclude that Serbians are the perpetrators and
Muslims are the victims (2000).
Beverly Allen, in his book, Rape Warfare: The Hidden Genocide in
Bosnia-Herzegovina and Croatia argues that was the systematic rape of
Muslim and Croat women as part of the "ethnic cleansing" campaign
Rape as an act of Genocide P a g e | 29
in the former Yugoslavia .The military policy of rape for the
purpose of genocide currently practiced in Bosnia-Herzegovina by
members of the Yugoslav Army and the Bosnian Serb military. Also,
Allan clearly states that rape is being used increasingly as a
weapon of war in the Balkans, combining murderous misogyny with
rabid nationalism. Further, Allen explains the twisted logic by
which perpetrators consider the act as cancelling the victim's
cultural identity. If the victim is impregnated, so the theory
goes, the offspring is nothing less than "a little Serb soldier"
(1996).
ConclusionAs Susan Brownmiller stated earlier that rape is not about
sex but about power, fear, and subjugation. For thousands of
years, it has been viewed as an acceptable “spoil of war,” used
as a weapon by invading armies to crush the will of the
conquered. Additionally, she argues that rape can’t be accepted
and has to be addressed. Further, she argues that rape has been
accepted and tolerated for a long time. As in Bosnia, the rape
Rape as an act of Genocide P a g e | 30
has been ignored, and even encouraged by governments and
military leaders, misunderstood by police and security
organizations, freely employed by domineering husbands and
lovers, downplayed by medical and legal professionals more
inclined to “blame the victim,” and, perhaps most shockingly,
accepted in supposedly civilized societies worldwide, including
the United States.
Mass violence, torture, violation human rights and harassment
of human beings is not a new phenomenon in human history;
documentation of such events extend throughout history. It is
important to develop a deeper understanding of the psychological,
cultural, political, and social roots of human cruelty, mass
violence, and genocide. We need to continue to explore the
factors that allow individuals collectively and individually
committing evil/genocide and the impact listless observer as fuel
human violence. Although an accurate, predictable model of mass
violence/human cruelty beyond possibilities of human
capabilities, it is our obligation to develop a model that
indicates signs Warnings and predetermined factors of human
Rape as an act of Genocide P a g e | 31
violence and genocide. With such information we can develop
policies, strategies and programs whose aim is to act contrary to
these crimes.
The author of Silovane: srpski zločini u Bosni i Hercegovini book,
Ehlimana Pašić (1995) was raped in Bosnia during the war. She
decided to write a book on her story and to indentify the
monsters who raped not only her, but many other Bosnian women and
girls, ages varying from 7 to 77 years old. It is a means of
bringing attention to the atrocities performed during the war,
and recognizing the rapes as acts of genocide in Bosnia and
Herzegovina. Her testimony, as the testimony of many others
Bosnian women and girls, who were raped in Bosnia is significant
to since it is a firsthand account of a rape victim who
ultimately survived the war and decided to tell her story and the
stories of those who never recovered from their injuries.
Similarly, Alexandra Stiglmayer, (1994) in her book Mass
Rape: the war against women in Bosnia-Herzegovina, interviewed survivors of
the continuing war in Bosnia-Herzegovina in order to reveal, to a
seemingly deaf world, the horrors of the ongoing war in the
Rape as an act of Genocide P a g e | 32
former Yugoslavia. The women primarily of Muslim but also of
Croatian and Serbian origin have endured the atrocities of rape
and the loss of loved ones. In her book she is detailing the
historical context of the current conflict and the other
presenting the core of the book, interviews with some twenty
victims of rape as well as interviews with three Serbian
perpetrators. Essays investigating mass rape and war from
ethnopsychological, sociological, cultural, and medical
perspectives are included.Also, Tilman Zulch (1996) in his book
Etničko čišćenje" genocid za „Veliku Srbiju" analyzes the ethnic cleansing in
Bosnia and Herzegovina. Also, writes about mass ripe of the
women Bosnia and Herzegovina.
Rape has been a part of war as long as war has been a part
of human existence. Yet though rape has long been acknowledged as
an atrocity, rape did not become a war crime until the late
1990s. This paper looks at why this is so and how the
role of rape in war in Bosnia, and Rwanda effected the
development of international law regarding women. A discussion on
human security will show how a change in thinking on human
Rape as an act of Genocide P a g e | 33
security led to an individualistic security focus rather than
security focused on nation states and state sovereignty.
Furthermore, the international laws regarding women in war
prior to the 1990s will be discussed, as well why these laws
were not adequate in their protection of women
internationally. This paper argues that a change in the
fundamental understanding of rape from a consequence of war to a
method of war led to the development of rape as a war crime. This
claim is explored through case studies of the Bosnian
(1992-1995) war in the former Yugoslavia and the Rwandan
genocide (1994). The general aim of this paper is to understand
the impact rape in war had on the development of
international laws regarding women.
Perhaps, the best way to close this paper is with the
statement from Bosnian Historian, Murat Mahmutović (2013) who in
his book ,Krvavi Praznici - genocidi nad Bošnjacima argues if a nation
wants to be morally, ethnically and religiously awakened, its
inhabitants should know their history, as it is, without
distortion of facts, politicization and tendency to manipulate
Rape as an act of Genocide P a g e | 34
it. Bosniaks have been gone for a century of struggle of
survival; the right to vote was always taken from them. Today,
after much agonizing time for the Bosniaks, a good portion of the
population is still not familiar with the suffering of their
ancestors, relatives, family, because the other imposes
manipulated history where the oppressors are presented as heroes
and defenders of honor. The history of Bosniaks has always been
written and mostly thought by our oppressors. Always using
different model to oppress and manipulate us, until this last two
decades. And he concludes that now is time for Bosnian people to
write about their history and to tell their story from their
angle.
Rape as an act of Genocide P a g e | 35
References
AAAS - Science and Human Rights Program (2010). Conclusions: Human
Rights Violations, Acts of Violence and Assignment of Responsibility. Retrieved
from: <http://shr.aaas.org/
guatemala/ceh/report/english/conc2.html>.
Rape as an act of Genocide P a g e | 36
Allen, Beverly (1996). Rape Warfare: The Hidden Genocide in Bosnia-
Herzegovina and Croatia, Minneapolis: University Of Minnesota
Press.
Askin, Kelly Dawn (1997). War Crimes Against Women: Prosecution in
International War Cris Tribnals. Martinus Nijhoff Publishers.
Barry, Kathleen (1995). The Prostitution of Sexuality, New York and
London: New York University Press.
Brownmiller, Susan (1993). Making Female Bodies the Battlefield, Newsweek
January 4, 1993. Retrieved from
http://www.thedailybeast.com/newsweek/1993/01/03/making
-female-bodies-the-battlefield.html.
Brownmiller, Susan (1975). Against Our Will, New York: Simon and
Schuster.
Chalk, F. & K. Jonassohn (1990).The History and Sociology of Genocide:
Analysis and Case Studies, Connecticut: New Haven.
Charny. W. (Ed.) (1994). The Widening Circle of Genocide: Genocide: A Critical
Bibliographic Review, Vol. 3, New Jersey: New Brunswick.
Cigar, Norman, (2000).Genocide in Bosnia: The Policy of "Ethnic Cleansing",
Texas: A&M University Press.
Rape as an act of Genocide P a g e | 37
Coneth-Morgan, Earl (2004).Collective Political Violence: An
Introduction to the
Theories and Cases of Violence Conflicts. New York:
Routledge.
Fein, H. (1993). Genocide: A Sociological Perspective, California: Newbury
Park.
Fitzgerald, Sarah (2010). Human Rights Policy Paper: Rape as a Tactic of
War, Global Studies Retrieved from: http://
digitalcommonds.providence.edu/glbstudy_students/19.
Goldstein, Joshua S. (2001) War and Gender, Cambridge: Cambridge
University Press.
Gutman, Roy (1993) A Witness to Genocide. New York: Macmillan.
Heidenrich, J. G. (2001). How to prevent genocide: a guide for Policymakers,
Scholars, and the Concerned Citizen, Connecticut: Westport.
Horowitz, I. L. (1995). Taking Lives: Genocide and State Power, New
Jersey: New Brunswick.
Human Rights Watch (2010).The Human Rights Watch Global Report on Women’s
Human
Rights. New York: Human Rights Watch.
Rape as an act of Genocide P a g e | 38
International Criminal Court: (2010). Amnesty International, 5 May
2010. Web. 11 Dec. 2010. Retrieved from
http://www.amnesty.org/en/ /info/IOR53/009/2010/en.
Levinson, Bernard M (2004). Gender and Law in the Hebrew Bible and the
Ancient Near East. New York: Bloomsbury T&T Clark.
MacKinnon, Catherine A. (1994) Turning Rape into Pornography: Postmodern
Genocide’, Mass Rape: The War against Women in Bosnia-Herzegovina, pp. 73–
81. London: University of Nebraska Press.
Milillo, Dianna (2006). Rape as a Tactic of War : Social and Psychological
Perspectives. Affilia Journal of Women and Social Work. Sage Publications,
Retrieved from URL :
http://aff.sagepub.com/content/21/2/196.full.pdf+html.
Olujic, Maria B. (1998). Embodiment of Terror: Gendered Violence in
Peacetime and Wartime in Croatia and Bosnia-Herzegovina’ Medical
Anthropology Quarterly12(1):31–50
Pašić, Ehlimana (1995). Silovane : srpski zločini u Bosni i Hercegovini. Brcko:
Saraj.
Robinson, Angela (1993). Weapon of War, New Internationlist
magazine
Rape as an act of Genocide P a g e | 39
Retrieved from http://www.org/features/1993/06/05/rape/ .
Robinson, Angela (2002). Religious Tolerance: Rape of women during wartime,
Ontario: Consultants on Religious Tolerance.
Russell, Diana (1990). Femicide. Crimes Against Women: Proceedings of the
International Tribunal . Ed. Diana Russell and Nicole Van de Ven.
Berkeley, California: Russell Publications, pg.104-108.
Retrieved from: <http://www.dianarussell.com.
Sajjad, Tazreena (2012). The Post-Genocidal Period and its Impact on Women.
In Samuel Totten. Plight and Fate of Women During and Following Genocide
(Reprint ed.). Transaction.
Stiglmayer, Alexandra, (1994). Mass Rape: the war against women in Bosnia-
Herzegovina, Lincoln: U of Nebraska Press.
Russell-Brown, Sherrie L. (2003). Rape as an Act of Genocide,
Berkeley J. Int'lLaw. 350
Retrieved from:
http://scholarship.law.berkeley.edu/bjil/vol21/iss2/5
Smith, Roger W. (2013). Genocide and the Politics of Rape. In Joyce
Apsel, Ernesto Verdeja. Genocide Matters: Ongoing Issues and Emerging
Perspectives. Routledge.
Rape as an act of Genocide P a g e | 40
Thomas, Dorothy Q. Reagan, E. Ralph (1994). Rape in War: Challenging
the Tradition of Impunity " SAIS Review, Johns Hopkins: University
Press.
Totten, Samuel; Paul R. Bartrop (2007). Dictionary of Genocide.
Greenwood
United Nations Human Rights: Office of the High Commissioner for
(2010). Rape: Weapon of War Human Rights. Retrieved from:
http://www.un.org/en/rights/.
United Nations (1949). Convention (IV) Relative to the Protection of Civilian
Persons in Times
of War. International Committee of the Red Cross. Retrieved
from http://www.icrc.org/ihl.nsf/FULL/380?OpenDocument.
http://www.un.org/en/rights/
UN Economic and Social Council (1993) Situation of Human Rights in the
Territory of
the Former Yugoslavia, report submitted by Mr Tadeusz Mazowiecki,
Special
Rapporteur of the Commission on Human Rights, 10 February,
E/CN.4/1993/50.